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2011 Supreme(P&H) 1738

PERMOD KOHLI
Suresh Kumar – Appellant
Versus
Joginder Singh – Respondent


Advocates:
For the Petitioners:Mr. CB Goel, Advocate.
For the Respondent:Mr. Surinder Dhull, Advocate.

JUDGMENT

Mr. Permod Kohli, J.: - This revision is directed against the order dated 10.02.2011 passed by the learned Additional Civil Judge (Senior Division), Narwana, whereby an oral request of the plaintiff for rebuttal evidence has been allowed.

2. The plaintiff-respondent herein filed a suit for recovery of Rs.38,00,000/- on the basis of an agreement, in the Court of learned Additional Civil Judge (Senior Division), Narwana. The defendants petitioners herein, filed written statement of defence and trial of the suit commenced. The plaintiff was allowed to lead evidence which he did. On conclusion of evidence of the plaintiff, the defendants were allowed to lead their evidence. Defendants also concluded their evidence. It was at this stage that the plaintiff made an oral request to the learned trial Court on 04.02.2011 for leave to produce the evidence of expert in rebuttal to prove the signatures of defendant No.1, Aman Kumar (now deceased) on the agreement to sell dated 21.02.2006 (Annexure P-2).

3. This prayer was resisted by the defendants on the grounds that the defendants denied the execution of the agreement in their written statement and, thus, it was obligatory upon the p























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